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Australia – Standards – Coverage – Retaliation

Australia – Standards – Coverage – Retaliation

13. (1) A person (the first person) takes a reprisal against another person (the second person) if:

(a) the first person causes (by act or omission) any detriment to the second person; and

(b) when the act or omission occurs, the first person believes or suspects that the second person or any other person made, may have made or proposes to make a public interest disclosure; and

(c) that belief or suspicion is the reason, or part of the reason, for the act or omission.

(2) Detriment includes any disadvantage, including (without limitation) any of the following:

(a) dismissal of an employee;

(b) injury of an employee in his or her employment;

(c) alteration of an employee’s position to his or her detriment;

(d) discrimination between an employee and other employees of the same employer.

(3) Despite subsection (1) , a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.

Referenced Legislation: Public Interest Disclosure Act (2013)

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